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Zoning board approves 384‑sqft addition at 44 Cedar Swamp Road, conditions DEM review
Summary
The Smithfield Zoning Board approved a side‑yard variance for a 384‑square‑foot addition at 44 Cedar Swamp Road but conditioned the approval on the applicant obtaining any necessary permits from the Rhode Island Department of Environmental Management (DEM) because part of the parcel lies in FEMA flood zone A.
The Smithfield Zoning Board of Review approved a dimensional variance allowing a 384‑square‑foot addition at 44 Cedar Swamp Road, contingent on the applicant completing any required permitting with the Rhode Island Department of Environmental Management (DEM).
The applicant, Nancy Santo Padre, told the board she seeks a one‑story, two‑bedroom addition and that she previously had approval that expired; the new request asks for a side-yard variance of about 27.6 feet (board motion later rounded to 28 feet). Town staff reported the parcel lies in FEMA Zone A (100‑year floodplain) and that the presence of the floodplain affects whether a DEM wetlands exemption applies.
Staff told the board that the town’s staff report had noted the proposed 384‑square‑foot addition could be a Rhode Island DEM exempt activity in some circumstances, but staff and the board discussed how the parcel’s location in a FEMA floodplain can void such an exemption. A staff member explained that under the town’s revised wetlands regulations and DEM rules, an exemption that applies outside floodplains may not apply when the structure encroaches on a mapped flood‑zone area. The board advised the applicant to consult DEM and consider professional survey or engineering help before construction.
Santo Padre said the addition is designed as one level and that she has plans prepared by an architect. She told the board she had been told by town staff that her proposed 384‑square‑foot addition fell under DEM’s 600‑square‑foot exemption in some earlier guidance; staff disagreed in the hearing about whether that exemption applies while the parcel is in a FEMA A zone.
Board members discussed rotating the addition to reduce the required side‑yard relief and noted the town’s charge to grant the minimum relief necessary. The board also reviewed aerial imagery and assessor records showing what appeared to be encroachments and fencing that the applicant said were existing conditions when she purchased the property.
At the end of the hearing the board voted to approve the variance with the condition that the applicant secure any required DEM approvals and required permits before beginning construction. The motion was amended on the record to round the relief to 28 feet; the board recorded a second and the motion carried.
Votes at a glance: motion to approve with condition that the applicant obtain DEM approval before construction (amended to 28 feet) — outcome: approved; roll-call not recorded in transcript beyond “All in favor? Aye.”
